According to police, the 26-year-old was weaving in and out of traffic before she was stopped. Officials say they found an open champagne bottle behind the driver's seat of the car she was driving.
]]> Fakih pleaded no-contest to the drinking and driving charges. Although a plea of no-contest is not technically an admission of guilt, for sentencing purposes it is considered a guilty plea. Records indicate that one breath test recorded her blood alcohol content at 0.19 percent and another at 0.20 percent. Both results are more than two times the legal Michigan limit where the infraction occurred.The maximum penalty for the offense could have been 93 days in jail. Instead, the judge handed down a sentence of six months probation, 20 hours of community service and $600 worth of fines and court costs. Fakih was also ordered to complete an alcohol safety class. While the semi-celebrity says she was ready to accept whatever sentence the judge issued, she was relieved to avoid jail time.
It is important for persons charged with drinking and driving offenses in South Carolina to understand their rights and their options. A first time DUI charge can carry severe penalties, such as 90 days in jail, six month drivers' license suspension, fines in excess of $1,000 and increased auto insurance premiums. The punishment is harsher for second and third offenses. Consulting an attorney can be a crucial to mitigating the consequences of drunk driving charges.
Source: Huffington Post, "Rima Fakih, Former Miss USA, Faces Sentencing In Highland Park DUI Case," Mike Householder, May 9, 2012
]]>Also compared to previous years, the Traffic Division of the Myrtle Beach Police Department has a greater number of officers qualified to train others to become certified in advanced DUI detection. In the past, some new cops would work for up to three years before becoming certified. Now, officials say the certification is part of the training received by all new recruits, thanks to the addition of five new field sobriety instructors in the last two years.
]]> Warm weather and high numbers of vacationers in the area are also cited by legal experts in the area as likely contributors to the increase in DUI arrests. They say that increase, is likely to be as much a factor as the fact that there are more trained officers on the road for the tripling in arrests.As previous posts on this blog have discussed, many groups support passing harsher laws against drunk driving. While penalties for a DUI conviction are already comparatively harsh, it's quite possible those penalties could become more severe in the near future.
Although better-trained officers may decrease the number of mistakes made during DUI arrests, police officer breath test errors and breath test machine calibration issues that may be challenged in court will likely continue to occur.
Source: wmbfnews.com, "DUI arrests triple in 2012 compared to 2011," Monique Blair, April 30, 2012
]]>Under the current law, these ignition interlocks are only required for persons with two or more DUI convictions. As in all states, driver's with a blood alcohol level of 0.08 or higher are considered impaired.
]]> The ignition interlock device requires driver's to pass an alcohol breath test before their car will start. If a driver does not have a blood alcohol level of 0.02 or less, the vehicle's ignition will not function.Currently, 16 states require interlock devices for all drivers convicted of DUI. According to Mothers Against Drunk Driving, those states are seeing a reduction in the number of deaths related to drunk driving due to the enactment of the interlock laws.
Although the proposed South Carolina law has many passionate supporters, the bill is currently stalled in both houses of the legislature.
Although the debate surrounding this proposed law is largely focused on the victims of drunk driving accidents, those convicted of DUI or other drinking and driving offenses face serious consequences of their own. Drunk driving charges can have a severe impact on a person's life.
Because the penalties are so serious, an experienced attorney is often the best way to protect your rights and minimize the potentially severe penalties associated with drunk driving charges. An attorney will investigate the evidence in a case and work towards a favorable outcome for the accused.
Source: The State, "Victims urge legislators to pass tougher DUI legislation," Noelle Phillips, April 25, 2012
]]>According to one source, officers conducted roadside safety checkpoints and "saturation patrols" during the nearly nine hour operation. Six of the individuals arrested, including two Myrtle Beach residents, were charged with driving under the influence.
]]> The operation also included an officer specifically trained to identify people who may be operating vehicles not under the influence of alcohol, but illegal drugs.South Carolina's blood alcohol limit for motorists is 0.08. The law further states that operating a vehicle is automatic consent to submit to a chemical test to determine if there is any alcohol in the driver's blood.
Many police departments throughout the nation are cracking down on DUI enforcement. This is especially true for vacation destinations such as Myrtle Beach. Some states have even run television advertising campaigns to alert drivers and prevent the situations from occurring.
Regardless of the circumstances, anyone arrested for DUI has the same procedural rights as everyone else, even if the arrest occurred under a targeted effort by a police department. One small misstep in the process by the police can lead to a dismissal of the case. Experienced DUI defense attorneys can aid in analyzing police conduct to ensure a defendant's rights are properly protected.
Source: SCNow, "Joint DUI operation arrest 9 in Surfside Beach," April 9, 2012
]]>A drunk driving case involving Al Unser Jr. demonstrates that even the most skilled drivers are susceptible to the effects of alcohol when they get behind the wheel. The two-time Indy 500 champion recently pleaded guilty to driving while intoxicated and racing on a freeway. The guilty plea came one day before Unser was set to go to trial for aggravated DWI, drag racing and reckless driving.
]]> Although Unser was sentenced to 90 days in jail after pleading guilty, the judge deferred his sentence in exchange for 364 days of supervised probation. According to his attorney, Unser completed a 30-day inpatient program for alcohol abuse after his arrest in September. Unfortunately, this was not the former racer's first arrest for drunk driving.In 2007, Unser pled no-contest to DWI charges stemming from an accident in Nevada. According to Nevada police, Unser failed field sobriety tests and his blood alcohol content was three times the legal limit. Under the 2007 plea agreement, Unser lost his drivers' license for 90 days, was fined $1,000, attended a drunk driving class and a victim impact panel, and submitted to an alcohol abuse evaluation.
As both of Unser's cases illustrate, a plea agreement is often the most effective and efficient way to resolve DUI or DWI charges. This is especially true in South Carolina, where penalties are quite severe for first time drunk driving offenders, and increasingly so for repeat offenses. An effective plea bargain can help a person charged with drunk driving minimize the potentially harsh consequences of a DUI or DWI conviction.
Source: Associated Press, "Indy 500 winner Unser pleads guilty to DWI in NM," Russell Contreras, April 11, 2012
]]>Underage drinking, public intoxication and fake identification accounted for many of the arrests. In addition to hundreds of alcohol-related offenses, at least eight people were hospitalized for alcohol poisoning. The event highlights the risks associated with binge drinking among young adults.
]]> The vast majority of the arrests made were at the "College Park" section of the racetrack. While alcohol use at the Carolina Cup is hardly a new phenomenon, the College Park section of the track has become a hotbed of binge drinking that other spectators try to avoid, according to Kershaw County Sheriff's Office.In addition to the health risks associated with alcohol misuse, its effect on decision making is also significant. Widespread acceptance of binge drinking can cause young people to drink more than they usually would. This often leads to high risk behaviors that can have serious consequences, like drunk driving charges.
In South Carolina, DUI laws are especially strict for persons under the age of 21. A person with a blood alcohol level of just 0.02 can be cited for DUI, even though a person may not be noticeably impaired.
While some alcohol-related offenses can be resolved by paying a fine and attending classes, others have more serious consequences. An attorney can help those charged with underage drinking and related violations to determine the best way to handle the case.
Source: The Daily Gamecock, "225 arrested at Carolina Cup," Kathryn Kranjc, April 2, 2012
]]>When someone admits to sufficient facts, it is an acknowledgement that prosecutors have enough evidence to convict them. If Obama's uncle stays out of trouble for one year, the case will be dismissed.
]]> "After a thorough review, we felt it was in his interests to end the matter without any further proceedings. He's glad to have this behind him," Obama's attorney said.According to officials, Obama's uncle was pulled over after police witnessed him driving erratically. A Breathalyzer test was administered, and police say his blood alcohol level registered at 0.14.
The case demonstrates the importance of having strong legal help. In DUI cases and other criminal cases, an attorney may be more interested in reducing any possible penalties than proving a person's innocence.
In South Carolina, penalties for a first time DUI conviction can include a fine of over $1,000 and a six-month driver's license suspension. In addition, a person could face as many as 90 days in jail.
Consulting with a criminal defense attorney is especially important for those facing a second or third DUI charge because penalties are increasingly severe for repeat offenders. A person could lose their driver's license for one year on their second offense and could lose it for two years on their third offense.
Source: Boston Herald, "President's illegal uncle surrenders license for 45 days," March 27, 2012
]]>Authorities are aware of these scenarios, so it may come as little surprise to hear that the Aiken County Sherriff's department plans to increase their presence at this year's Aiken Steeplechase. The increase will be the first in a number of years, with police focused on keeping race-goers safe.
]]> According to one of the department's police captains, one of the main focuses of the increased presence will be to catch underage drinkers and potential drunk drivers. The department recognizes the potential for young people to drink and drive, and hope that their presence discourages such a choice.South Carolina has relatively strict laws against underage drinking and is one of the states with zero tolerance laws. Under South Carolina law, someone who is under the age of 21 cannot have even a negligible amount of alcohol in their system while they are driving.
For those planning to attend the Aiken Steeplechase or other similar events in South Carolina, it is important to understand the possible consequences of drinking and driving. A person facing charges stemming from an allegation of underage drinking and driving could benefit from working with an experienced DUI attorney to ensure their rights are protected.
Source: WRDW, "Deputies ramp up patrols for Aiken Steeplechase," Katie Beasley, Mar. 22, 2012
]]>According to reports, a 24-year-old woman was driving northbound when she collided with another car being driven by a 33-year-old woman. Neither driver was wearing a seatbelt. The 33-year-old driver was airlifted to the hospital, but has since been released. The 24-year-old woman was taken to the hospital following the crash, but was later brought to jail.
]]> The 33-year-old woman also had two passengers in her vehicle at the time of the crash. They were also taken to the hospital. The 24-yer-old driver had a passenger in her vehicle as well. However, it is not known if they were injured in the crash.The South Carolina Highway Patrol charged the 24-year-old driver with felony driving under the influence resulting in great bodily harm.
The woman who was charged with felony DUI may have a tough battle ahead of her. In South Carolina, those who are convicted of drunk driving may face fines, loss of driver's license and could even spend time in jail.
Although it is not clear how this specific situation will turn out, people in South Carolina who are accused of drunk driving would be wise to consult with an attorney early on in the process. An attorney can investigate a DUI case to be sure an individual's rights have not been violated while vigorously defending their clients against the charges.
Source: GoUpstate.com, "Gaffney woman, 24, charged in crash that injured Blackstock woman," Mar. 20, 2012
]]>According to reports, the 32-year-old man was arrested in the very early morning hours of Mar. 13. Police say the man tried to enter his home, but was told he could not go in because firefighters were investigating a house fire after neighbors saw flames coming from a bedroom window. The man sped away in his vehicle, but police later stopped him. The man has been charged with second-offense DUI.
]]> According to police, the man's girlfriend was renting the home. However, when the couple broke up last month, she moved out. The man remained living in the home, but had fallen behind on rent. The owner of the home says they were planning to evict the man.The man in this case is dealing with multiple issues. In addition to having no home, he now faces a DUI charge. Additionally, the man had an outstanding bench warrant.
A DUI charge is quite serious. If convicted, a person could lose their driver's license, be left with hefty fines and even face time behind bars.
When someone in Myrtle Beach or elsewhere has been charged with a crime they may feel overwhelmed and helpless. Because the legal system is complicated, a person may not know what to do next. When that is the case, it may be wise to consult with an experienced attorney who can fight the charges against an individual.
Source: The Sun News, "Man jailed after Myrtle Beach house fire," Tonya Root, Mar. 13, 2012
]]>John Goodman had a life that most people only dream of. He is the founder of the International Polo Club and among the country's elite. However, he was involved in a drunk driving accident in February 2010 and now faces vehicular homicide charges.
]]> According to reports, Goodman was speeding when he drove through a stop sign and hit another car being driven by a 23-year-old man. The other vehicle flipped and landed in a roadside canal and the driver drowned. Police say Goodman left the scene of the accident. They also believe he was drunk at the time.Goodman's criminal trial began just days ago on Mar. 7. If convicted on all of the charges he could face up to 30 years behind bars.
This case has made national attention and is an example of how serious a drunk driving accident and the subsequent charges can be. A person's entire life can be altered if they are found guilty. They may face prison time, but it could also affect their reputation.
However, as with all criminal charges, a person remains innocent unless proven guilty in a court of law. Despite the serious charges, individuals still have rights and those rights must be upheld.
Source: Chicago Tribune, "Florida polo magnate faces vehicular homicide trial," Barbara Liston, Mar. 5, 2012
]]>The reason for the exemption is that under South Carolina law, a moped is not considered a motor vehicle. Last year, the South Carolina House of Representatives passed a bill identifying mopeds as a motor vehicle. However, a change that broad would allow mopeds on interstates even though they typically cannot go more than 30 mph.
]]> Now senate leaders are adjusting the bill so that moped drivers would only be subject to the same DUI laws as other drivers.Some believe changing the current law would be beneficial since people who have lost their driver's license are still allowed to operate a moped. But others are not sure why lawmakers are going after moped drivers since it is unlikely that a moped driver could cause serious harm to anyone.
Whether or not this bill is passed, it is a reminder that lawmakers are doing whatever they can to crack down on drunk driving. A drunk driving charge can have a huge impact on an individual's life and should, therefore, be taken very seriously.
Working with an experienced DUI attorney after an individual has been charged with driving under the influence is often a wise decision. An attorney can investigate a case to be sure police acted responsibly during the initial arrest and to ensure that an individual's rights were not violated.
Source: WJBF, "South Carolina State Senators Move To Close Moped DUI Loophole," Randy Key and Robert Kittle, Feb. 16, 2012
]]>A college student in a nearby state was recently pulled over for suspicion of drunk driving. Police claim she was not driving properly. When an officer stopped the 21-year-old driver they say she smelled of alcohol.
]]> The young woman was given a breath test, and her blood alcohol content registered at .07. Although at first she denied drinking that night, she later confessed to having one bottle of beer.The college student was pulled over in Georgia. As in South Carolina, the legal limit is .08 in Georgia. Although her blood alcohol level was below the legal limit, the officer claims the woman was not safe to be driving a vehicle. She was arrested and taken to the Clarke County Jail.
The woman in this story would do well to consult with an experienced attorney who can investigate the case and determine what evidence the officer had to arrest her. Furthermore, an attorney can work to ensure that her rights were not violated during the arrest.
When someone is convicted of DUI they can face harsh penalties. The consequences can be life-changing. In addition to large fines and potential loss of driver's license, a person may even face time behind bars. Because the stakes are so high, it is important to have the right representation.
Source: The Red and Black, "CRIME NOTEBOOK: University officer shoots deer on campus," Joshua Johnson, Feb 23, 2012
]]>The accident occurred last July around 2 a.m. Police had been alerted that someone was driving erratically. Moments later, the 20-year-old woman hit the median and crossed four lanes of traffic before landing in a ditch. She was later charged with felony DUI.
]]> The 28-year-old passenger in the woman's car was thrown from the vehicle during the accident and then hit by oncoming traffic. They died from injuries sustained in the accident.In addition to one year of prison, the woman will also be on probation for five years.
As evidenced by this recent case, a felony DUI conviction can impact nearly every aspect of an individual's life. It is for that reason that anyone facing DUI charges would do well to consult with an experienced DUI attorney. An attorney can investigate a case to be sure law enforcement acted appropriately while mounting an aggressive defense against the charges.
Although media reports typically imply guilt, it is important to remember that anyone charged with a crime is innocent until proven guilty in a court of law. Even in the most tragic situations, a person is entitled to a strong defense and a fair trial.
Source: ABC News 4, "Sentenced handed down in fatal DUI case," Feb. 15, 2012
]]>Prosecutors originally charged a 37-year-old man with two counts of felony DUI and having an open container of alcohol in a motor vehicle. The defendant was driving below the speed limit when he hit a car pulling into a private driveway.
]]> According to the Highway Patrol, the driver of the other vehicle pulled in front of the defendant's car to turn into the driveway, thus contributing to the accident. Because both parties contributed to the accident, prosecutors dropped the felony charges.Causation is one of many defenses used to fight felony DUI charges. DUI defense attorneys may also be able to challenge the procedures used by law enforcement, suppress evidence and challenge the admissibility of blood or breath tests. No matter what defense applies to a felony DUI arrest, it can mean the difference between substantial penalties and freedom.
Felony DUI involving death is considered a violent crime in South Carolina. It carries at least one year in prison and could send a defendant to prison for twenty-five years. Defendants must also worry about heavy fines, driver's license revocation and future consequences. Thankfully, DUI charges don't always lead to conviction and if they do, there are ways to reduce the impact of the conviction.
Source: Wistv.com, "Charges downgraded in DUI crash that killed 2 children," Jason Old, Jan. 25, 2012
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